********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-10-SF-0187
Ira Jones ) NAL/Acct. No.: 201132960001
Merced, California ) FRN: 0020643425
)
)
FORFEITURE ORDER
Adopted: July 26, 2012 Released: July 27, 2012
By the Regional Director, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
of seven thousand dollars ($7,000) to Ira Jones, owner and operator of
a Citizens Band (CB) radio station in Merced, California, for
willfully and repeatedly violating Section 303(n) of the
Communications Act of 1934, as amended (Act), and Section 95.426(a) of
the Commission's rules (Rules), by failing to permit an inspection of
his CB radio station by an authorized FCC representative. The noted
violations involved Mr. Jones' refusal to allow an inspection of his
CB radio station despite multiple requests.
II. BACKGROUND
2. On March 19, 2010, agents from the Enforcement Bureau's San Francisco
Office (San Francisco Office) responded to a complaint regarding radio
frequency interference within the radio communication system equipment
of the Merced County Fire Department. The agents then monitored the
radio transmissions on frequency 27.165 MHz and used radio direction
finding techniques to locate the source of the signal associated with
the interference to a CB radio station operating from Mr. Jones'
residence in Merced, California. The San Francisco agents monitored
frequency 27.165 MHz again on March 26, 2010, and located the
interference to a CB radio station operating from Mr. Jones's
residence in Merced, California. Later the same day, the agents
approached Mr. Jones' residence, knocked on his door, identified
themselves as agents of the FCC and presented their official badges
and credentials. The individual answering the door identified himself
as Mr. Jones. The agents told him about the radio frequency
interference complaint and asked him if he was the owner or operator
of the CB radio station. Mr. Jones acknowledged that he was the
operator of the CB radio station but denied causing any interference
to the Merced County Fire Department. The agents then requested that
they be allowed to inspect the CB radio station to determine the cause
of the interference. Mr. Jones denied the agents' request. The agents
warned Mr. Jones that refusing to allow an inspection of a CB radio
station is a violation of Section 95.426(a) of the Rules and Section
303(n) of the Act, explaining that these rules require CB operators to
make their stations available to authorized FCC representatives for
inspection. Mr. Jones again denied the request and asserted that the
FCC must have a search warrant to inspect his CB station. The agents
advised Mr. Jones that he was required to take necessary precautions
to avoid causing radio interference by operating at power levels that
do not exceed legal limits and by refraining from using a radio
frequency power amplifier.
3. Prior to leaving the premises, the agents issued an on-scene Notice of
Unlicensed Operation to Mr. Jones. The First Notice expressly warned
that Mr. Jones's refusal to allow inspection of his radio equipment
violated Section 303(n) of the Act and included the full text of
Section 303(n). Mr. Jones refused to accept a copy of the First Notice
and the agents left the document on a chair near the front door of the
house. The agents then left the premises, but continued to monitor
27.165 MHz and heard Mr. Jones describe the agents' attempted
inspection.
4. On August 27, 2010, in response to a subsequent complaint from the
Merced County Fire Department that the interference to its radio
communication equipment had resumed, San Francisco agents again
monitored frequency 27.165 MHz and located the source of the
interfering signal to a CB radio station operating from Mr. Jones's
residence in Merced, California. Later the same day, the agents, along
with two Merced City police officers, approached Mr. Jones at his
front yard, identified themselves as FCC agents, and presented their
official badges and credentials. The two Merced City police officers
identified the man as Mr. Jones. The agents told Mr. Jones about the
radio frequency interference complaint and requested that they be
allowed to inspect the CB radio station to determine the cause of the
interference. Mr. Jones denied the request. Mr. Jones again admitted
that he was the owner and operator of the CB radio station, but stated
that he was not the owner of the house and that he had to refuse the
inspection. The agents explained to Mr. Jones that refusal to allow an
inspection could result in a $7,000 forfeiture assessment, and Mr.
Jones said that he understood. After further conversation with the
agents and the police officers, Mr. Jones subsequently admitted to
being the owner of the house. The agents again requested that they be
allowed to inspect the CB radio station and reiterated that Mr.
Jones's refusal to allow an inspection of a CB radio station was a
violation of Section 95.426(a) of the Rules and Section 303(n) of the
Act and subject to a forfeiture. Mr. Jones again denied the inspection
request. The agents then gave Mr. Jones an oral warning and issued a
second on-scene Notice of Unlicensed Operation to him. Mr. Jones
again refused to accept a copy of the Second Notice and the agents
left the document on a wooden yard border. The agents then left the
premises.
5. On March 10, 2011, the San Francisco Office issued a Notice of
Apparent Liability for Forfeiture (NAL) in the amount of $7,000 to Mr.
Jones for failing to allow authorized FCC personnel to inspect his CB
radio station. Mr. Jones responded to the NAL on March 30, 2011. In
his Response, Mr. Jones argues that he has not seen the complaints
that alleged the interference, that he did not receive the described
warnings from the San Francisco agents, and that the agents did not
produce valid identification cards.
III. DISCUSSION
6. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
(Act), Section 1.80 of the Rules, and the Commission's Forfeiture
Policy Statement. In examining Mr. Jones' response, Section 503(b) of
the Act requires that the Commission take into account the nature,
circumstances, extent, and gravity of the violation and, with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may
require. We consider Mr. Jones' response to the NAL in light of these
statutory factors and find that no reduction of the forfeiture is
warranted.
7. Section 303(n) of the Act states that the Commission has the
"authority to inspect all radio installations associated with stations
required to be licensed by any Act, or which the Commission by rule
has authorized to operate without a license under section 307(e)(1)."
Section 307(e)(1) expressly includes "the citizen band radio service."
Additionally, Section 95.426(a) of the Rules (CB Rule 26) states "[i]f
an authorized FCC representative requests to inspect your CB station,
you must make your CB station and records available for inspection."
8. On March 26, 2010 and August 27, 2010, San Francisco Office agents
located the source of the signal on 27.165 MHz to Mr. Jones's
residence in Merced, California. On both dates, in an effort to
determine the cause of and resolve the reported interference created
to the Merced County Fire Department radio communication equipment,
the agents requested an inspection of Mr. Jones's CB radio station. As
described above, Mr. Jones denied both requests, despite the fact that
at both inspections the San Francisco agents explained the relevant
FCC requirements and provided him verbal and written on-scene warnings
of the consequences of refusing to allow an inspection of a radio
station.
9. Mr. Jones argues that he should not be subject to forfeiture because
he has not seen a complaint from the Merced Fire department naming him
as the source of the interference on frequency 27.165 MHz. This
argument is irrelevant to the investigation of Mr. Jones' violation of
the Commission's requirement that he make his CB station available to
FCC representatives for inspection. Neither Section 303(n) of the Act
nor Section 95.426(c) of the Rules requires that a complaint be filed
as a prerequisite for FCC representatives to inspect a CB station.
There is no question that Mr. Jones' CB equipment was the source of
the complained-about interference. The agents used direction finding
techniques to determine that the source of the signal associated with
the interference to the Merced County Fire Department came from Mr.
Jones' residence. Mr. Jones does not dispute that the San Francisco
agents located the source of the interference to his house on three
separate occasions.
10. Mr. Jones also alleges that the agents neither presented appropriate
identification and nor gave him oral or written warnings. We find Mr.
Jones' allegations unpersuasive. As discussed above, consistent with
practice, the San Francisco agents approached Mr. Jones' house,
presented their government-issued identification to him, and requested
to conduct an inspection to determine if Mr. Jones' CB radio equipment
was the source of the interference on frequency 27.165 MHz. With
respect to whether Mr. Jones received any warnings, the Response
itself includes copies of the two Notices left by the agents. Both
Notices clearly state "agents of the Federal Communications Commission
("FCC") noted the following condition regarding the Citizen Band (CB)
radio station located at [Mr. Jones' address]: Your refusal to allow a
inspection of your radio equipment in violation of Section 303(n) of
the Communications Act of 1934, as amended . . . . You are hereby
warned that . . . refusal to allow inspection of your radio station
constitutes violation of the Federal laws cited above and could
subject the owner of this illegal operation to the severe penalties
provide, including, but not limited to, substantial civil forfeitures,
a maximum criminal fine of $11,000 and/or one year imprisonment, or
arrest of the equipment for the first offense."
11. Finally, Mr. Jones also appears to allege that when the San Francisco
agents requested an inspection on August 27, 2010 with two Merced City
police officers, one of the police officers suggested that a warrant
may be necessary. Mr. Jones provides no information to support this
claim and we reiterate what the San Francisco Office stated in the
NAL: Commission agents are not required to obtain a warrant prior to
conducting a radio station inspection. Accordingly, as a result of our
review of Mr. Jones' Response, pursuant to the statutory factors
above, and in conjunction with the Forfeiture Policy Statement, we
conclude that he willfully and repeatedly violated Section 303(n) of
the Act and Section 95.426(a) of the Rules, and we find that a
forfeiture in the amount of $7,000 is warranted.
IV. ORDERING CLAUSES
12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Ira Jones IS
LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand
dollars ($7,000) for willfully and repeatedly violating Section 303(n)
of the Communications Act of 1934, as amended, and Section 95.426(a)
of the Commission's rules.
13. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order. If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act. Ira Jones shall send electronic
notification of payment to WR-Response@fcc.gov on the date said
payment is made.
14. The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/Account number and
FRN referenced above. Regardless of the form of payment, a completed
FCC Form 159 (Remittance Advice) must be submitted. When completing
the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters "FORF" in block number 24A
(payment type code). Below are additional instructions you should
follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
15. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer-Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
16. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested, to Ira Jones at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 U.S.C. S: 303(n).
47 C.F.R. S: 95.426(a) (CB Rule 26).
The agents observed that transmissions on CB radio station frequency
27.165 MHz appeared to match the audio distortion received on frequency
154.4 MHz within the Merced County Fire Department's audio receiver and
speaker system in what appeared to be audio rectification interference
within the department's receiver and speaker system. Audio rectification
interference occurs when an electronic circuit (usually an amplifier),
which ideally should respond only to audio frequency signals, responds to
external radio frequency (RF) signals. Typically, the circuit picks up
signals from a nearby radio transmitter in addition to the sound the
listener wants to hear. The unwanted signal may be constant or
intermittent, faint or uncontrollably loud.
47 C.F.R. S: 95.426(a) (CB Rule 26).
47 U.S.C. S: 303(n).
Ira Jones, On-Scene Notice of Unlicensed Operation (Enf. Bur. San
Francisco Office, issued on-scene March 26, 2010) (First Notice).
Later on March 26, 2010, the agents again monitored frequency 27.165 MHz
and noted that Mr. Jones was operating his CB radio station without
causing interference to the Merced County Fire Department radio
communication equipment. Subsequently, the Merced County Fire Department
reported that the interference ceased.
Ira Jones, On-Scene Notice of Unlicensed Operation (Enf. Bur. San
Francisco Office, issued on-scene August 27, 2010) (Second Notice). The
Second Notice also expressly warned that Mr. Jones's refusal to allow
inspection of his radio equipment violated Section 303(n) of the Act and
included the full text of Section 303(n).
On September 1, 2010, the San Francisco Office received another complaint
from the Merced County Fire Department stating that Mr. Jones had resumed
CB radio station operation at approximately 5:30 p.m., and interference
within the Merced County Fire Department radio communication system
equipment had also resumed.
Ira Jones, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 3698
(Enf. Bur. 2011) (NAL).
See Response of Ira Jones (filed March 30, 2011) (Response) (on file in
EB-10-SF-0187).
See id. at 1-2.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999) (Forfeiture
Policy Statement).
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 303(n) (The Commission shall "[h]ave authority to inspect all
radio installations associated with stations required to be licensed by
any Act, or which the Commission by rule has authorized to operate without
a license under section 307(e)(1) of this title, or which are subject to
the provisions of any Act, treaty, or convention binding on the United
States, to ascertain whether in construction, installation, and operation
they conform to the requirements of the rules and regulations of the
Commission, the provisions of any Act, the terms of any treaty or
convention binding on the United States and the conditions of the license
or other instrument of authorization under which they are constructed,
installed, or operated.").
47 U.S.C. S: 307(e)(1) ("[T]he Commission may by rule authorize the
operation of radio stations without individual licenses in the . . .
citizens band radio service. . . . ").
47 C.F.R. S: 95.426(a).
See First Notice at 1; Second Notice at 1.
See Norfolk Southern Railway Company, Memorandum Opinion and Order, 11 FCC
Rcd 519 (CIB 1996) ("The right to inspect a station is one of the
cornerstones of the FCC's ability to ensure compliance with the
Communications Act and the FCC regulations."). See also Randall R. Gaines,
Revocation Order, 72 FCC 2d 871, 878 P:13 (Rev. Board 1979) (search
warrant is not required for an inspection of a CB radio station). See also
NAL, 26 FCC Rcd at 3700 & n.12.
47 U.S.C. S:S: 303(n), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80(f)(4), 95.426(a).
47 C.F.R. S: 1.80.
47 U.S.C. S: 504(a).
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 12-1195
1
6
Federal Communications Commission DA 12-1195